Disposed

Dhananjay J. Halwai v. M/S. Hari Om Developers a Partnership Firm and Ors.

Bombay HC27 Nov 2018AO/818/2018

Case brief

AI extract

What is this about?

High Court in Civil Appellate Jurisdiction disposed of four appeals and civil applications by remanding Notices of Motion to trial Court to be decided expeditiously. The direction was to decide on merits irrespective of prior refusal of ad-interim relief. Parties are granted liberty to submit additional documents.

What did the court decide?

Trial Court directed to decide Notices of Motion on merits by March 2019; parties given leave to adduce additional documents.

Dhananjay J. Halwai Vs M/S. Hari Om Developers a… — Municipal and Town Planning | Bombay HC (2018)

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1 902-904-906-908-aost-4226.18.doc

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Shridhar Sutar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER STAMP NO. 4226 OF 2018 WITH CIVIL APPLICATION STAMP NO. 4229 OF 2018

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Dhananjay J. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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APPEAL FROM ORDER STAMP NO. 4236 OF 2018 WITH CIVIL APPLICATION STAMP NO. 4237 OF 2018

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Shantidevi J. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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APPEAL FROM ORDER STAMP NO. 4249 OF 2018 WITH

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CIVIL APPLICATION STAMP NO. 4250 OF 2018

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Brij Kishor M. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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APPEAL FROM ORDER STAMP NO. 33180 OF 2018 WITH

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CIVIL APPLICATION STAMP NO. 33181 OF 2018

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Dhananjay J. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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APPEAL FROM ORDER STAMP NO. 33194 OF 2018 WITH

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CIVIL APPLICATION STAMP NO. 33197 OF 2018

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Shantidevi J. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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Shridhar Sutar 2 902-904-906-908-aost-4226.18.doc

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APPEAL FROM ORDER STAMP NO. 33209 OF 2018 WITH CIVIL APPLICATION STAMP NO. 33210 OF 2018

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Brijkishor M. Halwai … Appellant Versus M/s. Hari Om Developers and others … Respondents

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Mr. A. A. Siddique a/w Mr. Hemant Chadgaonkar, Advocates i/b A. A. Siddique & Associates for the Appellants.

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Mr. Shakeeb Shaikh, Advocate a/w Mr. A. Diamondwala, Advocate i/b Diamondwala & Co. for the Respondent Nos. 1 and 2.

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Mr. Jayesh R. Vyas a/w Mr. Sandeep Dhangar and Kanjal Upadhyay, Advocates for the Respondent No.3

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Mrs. Madhuri More, Advocate for the Respondent No.4-BMC.

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CORAM : A. S. CHANDURKAR, J. DATE : 27^th NOVEMBER, 2018.

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P. C.:

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In these appeals the original plaintiff is aggrieved by the order passed by the trial Court refusing to grant ad-interim relief in the Notices of Motion as filed. There are two sets of Notices of Motion. In the first set, it has been prayed that the Municipal Corporation be restrained from issuing or revalidating the commencement certificate in favour of the defendant Nos. 1 to 3. In the other Notice of Motion, it has been prayed that the defendants be restrained from carrying out any further construction pursuant to the commencement certificate as issued.

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It can be seen that the orders impugned are ad-interim orders refusing to grant any ad-interim relief. It is informed that

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Shridhar Sutar 3 902-904-906-908-aost-4226.18.doc

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written statement has been filed by the defendants and replies to the Notice of Motion are also on record. The interests of justice would be served if the trial Court is directed to decide the subject Notices of motion on their own merits.

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Accordingly, the Appeals are disposed of by passing the following order:-

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(i) The trial Court shall decide the subject Notices of Motion on their own merits without being influenced by the fact that the ad-interim relief stood refused earlier.

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(ii) The respective contentions of the parties in support of and in opposition to the Notices of Motion are kept open.

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(iii) The parties are free to seek leave of the trial Court to place additional documents on record.

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(iv) The Notices of Motion be decided expeditiously and by the end of March, 2019.

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(v) All Appeals as well as pending civil applications are disposed of.

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( A. S. CHANDURKAR, J. )

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Dhananjay J. Halwai v. M/S. Hari Om Developers a Partnership Firm and Ors.

Case brief

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Dhananjay J. Halwai v. M/S. Hari Om Developers a Partnership Firm and Ors.

Case brief

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What the court decided

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